The Study Of The Sales Contract On Trial Use

In the formulation of the "Contract Law", the sales contract on trial use is an uncommon type of contract in practice. Therefore, we do not give enough attention to the legislative and theoretical research. But with the development of market economy, the sales contract on trial use is widely used. And the disputes of the sales contract on trial use also largely appear. The current law and research is insufficient to cope with the need of the trial practice of contract disputes, so the research of the sales contract on trial use should be strengthened.The preconditions of scientific construction to the system of the sales contract on trial use is the accurate definition of the nature of the sales contract on trial use. Mainland China and Taiwan both define the nature of the sales contract on trial use as conditional terminating sales contract. Then the author analyses the reasons why the theory of stop condition can be the mainstream view and raises a query on the above mentioned theory from the establishment of the contract and the nature of the conditions. Author believes that there are trial contract between the parties and the sales contract have not been established. Therefore, the sales contract on trial use is in effect separately. It is not a contract as a vassal of the sales contract, nor is the contract of sale itself.In the sales contract on trial use, the recognition of the trial take up an important part of the contract. It is the only connection points for the sales contract and the sales contract on trial use. Recognition is the key factor that makes the sales contract on trial use becomes the sales contract and it determines that the parties should apply which rules to adjust the legal relationship between the two sides. As soon as the trial recognized, the trial contract terminated and the sales contract is established. And the recognition is an intention behavior and should be made expressly or impliedly in the trial period. And in the absence of contrary agreement, the seller’s warranty liability cannot be absolved.The Contract Law made general provisions on the risk burden of contract of sale, but problems of the burden of risk of the sales contract are not made clear. Based on the analysis of the nature and content of the sales contract on trial use, author put forward that in the absence of contrary agreement or transaction customary, the owner’s risk burden principle is suitable for this contract.Through the in-depth analysis of relevant important issues in the sales contract on trial use, author put some feasibility suggestion on how to improve the system for the sales contract on trial use.